Parole Board Decision

IN THE MATTER of the Corrections Act 1997

- and –

IN THE MATTER of an Application for Parole by GGD

30 January 2009

REASON FOR DECISION

On 8 May 2008 the applicant appeared in the Supreme Court of Tasmania and pleaded guilty to one count of Maintaining a Sexual Relationship with a Young Person Under the Age of Seventeen Years.

In relation to that crime the Applicant was sentenced  to a period of imprisonment of eighteen months and it was ordered that he not be eligible to be considered for parole until serving nine months of that sentence of imprisonment. As such the Applicant is eligible to be released from prison on parole on 7 February 2009.

The Board notes that the Applicant’s earliest release date from prison is 7 October 2009.

The Board has been provided with the Comments on Passing Sentence made by Justice Blow when sentencing the Applicant. The Comments on Passing Sentence fully outline the factual circumstances surrounding the crimes committed by the Applicant.

In relation to the Applicant’s personal circumstances the Board notes the following comments made by Justice Blow when sentencing the Applicant:

“Mr D is in his early seventies. It is clear that there is substantial remorse on his part. He has no relevant prior convictions. I must sentence him on the basis that he has lead a blameless and industrious life since the end of his sexual relationship with the complainant over forty years ago. His plea of guilty counts in his favour to some extent, since it resulted in a significant shortening of the proceedings and reflects a significant degree of remorse”.

The Board has received advice from the Victims Assistance Unit that a number victims are registered in relation to the Applicant’s crimes. One of the victims of the Applicant’s crimes has produced a Victim Impact Statement to the Board. The Board has carefully considered the contents of that document. The Board notes that one of the victims of the Applicant’s crimes made the following comment regarding the Applicant being released on parole:-

“I have no problem with the offender being released on parole”.

The victims of the Applicant’s crimes have requested specific conditions that the Applicant not be able to have contact with them. In the circumstances the Board is of the view that it is appropriate to make orders preventing the Applicant from having contact with his victims.

Given the nature of the crimes committed by the Applicant the Board will also make specific orders preventing the Applicant being found in the presence of children under the age of 16 years without appropriate supervision.

In considering the Applicant’s application for parole the Board has taken into account the statutory criteria which it is required to do so pursuant to the Corrections Act 1997.

The Board has taken the following matters into account when assessing the Applicant’s application for parole :

a. The comprehensive pre-parole report prepared by his probation officer.

b. The Applicant’s prison record which can be described as exemplary.

c. The fact that the Applicant has no prior convictions whatsoever.

d. A number of references tendered in support of the Applicants application for parole.

Given the nature of the crimes committed by the Applicant he was eligible to be assessed for participation in the sex offenders program.  The Board has received a report from the facilitators of that program indicating that the Applicant is ineligible to participate in that program as he has been assessed as at a low risk of re-offending.

The Applicant indicated to the Board that upon his release from prison he will reside with his wife. Given the Applicants age he will receive Centrelink assistance by way of an old age pension.

Given the length of time since these crimes were committed and the fact that the Applicant has led a blameless life since ceasing the inappropriate sexual relationship with the victim of his crime, the Board is of the view that the risk of the Applicant re-offending is minimal.

In all the circumstances the Board is of the view that the Applicant meets the statutory criteria to be granted a period of parole.

Paroled 16/2/09 – 7/11/09